BASAVARAJ Vs. ANNAPURNA

JUDGEMENT

(1.) This Regular First Appeal is filed against the judgement and decree dated 25.06.2016 passed by the Senior Civil Judge, Chincholi in O.S.No.4/2009.

(2.) The parties would be referred to as per their ranks before the trial Court for the sake of convenience.

(3.) The brief facts of the case are that, the plaintiffs are said to be owners of the suit property bearing Sy.No.62 measuring 27 acres 31 guntas situated at Gadikeshwar of Taluka Chincholi. The plaintiffs No.1 to 3 are the full brothers and plaintiff No.4 is the son of the plaintiff No.2. The defendants are the successors of one Shantimallappa and in his life time, Sangappa the father of the plaintiffs No.1 to 3 had instituted the suit in O.S.No.192/1/1959-60 seeking the relief of declaration and injunction, wherein Shantimallappa, the ancestor of the defendants was the defendant. In the said suit Sangappa obtained the decree. Later it is alleged that, the defendants instituted the suit in O.S.No.353/1987 seeking the relief of declaration that, they are the owners of the suit property, possession and also for the relief that, the decree in O.S.No.192/1/1959-60 is a void decree. This suit was re-numbered in O.S.No.103/1989. The suit came to be dismissed on trial. Against the judgment and decree of dismissal, R.A.No.59/1993 was filed and it came to be allowed and the suit was decreed. In the second appeal in RSA.No.244/1998, the decree was confirmed. In the special leave petition against the decree in the suit, which was confirmed by the High Court was challenged in the Apex Court and the special leave petition was dismissed. It is at this juncture, the present suit came to be instituted by the plaintiffs alleging that the decree in O.S.No.103/1989 is a nullity. So, also that the claim was barred by limitation. The plaintiffs also pleaded fraud and misrepresentation in obtaining the decree in the said suit, claiming that they are in continuous possession of the suit property all along and sought for the relief of declaration of their ownership and injunction.